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(영문) 서울서부지방법원 2019.01.17 2018가합33299
부당이득금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall pay KRW 771,430,000 and its therefrom from April 27, 2018 to January 17, 2019.

Reasons

1. Basic facts

A. 1) The Plaintiff is a corporation established for the purpose of promoting friendship among its members pursuant to A law and contributing to the peaceful unification and free protection of the fatherland. The Plaintiff is a company established on December 9, 2009 pursuant to the Real Estate Investment Company Act in order to conduct various real estate businesses including the establishment of the Plaintiff’s hall.

3) From June 1, 2005 to May 31, 2017, Defendant C served as the Plaintiff’s director interest of 19,20, and 21st president. During the term of office, Defendant C, while establishing the Defendant Company, invested KRW 1.7 billion and acquired shares of KRW 22.34%, and thereafter, Defendant D, and E were the Plaintiff’s director from May 30, 2014 to May 30.

From June 2, 2014 to December 6, 2016, Defendant E, from February 27, 2017 to June 28, 2017, Defendant D performed the duties of secretary general of the Plaintiff (to handle the Plaintiff’s duties under the order of the chairperson, and to direct and supervise its employees), respectively.

In addition, from the incorporation of the Defendant Company to October 28, 2010, Defendant D served as the auditor of the Defendant Company, and from that to October 26, 2012, Defendant E served as the representative director of the Defendant Company, and Defendant E served as the auditor of the Defendant Company from February 3, 2017.

B. Defendant C’s promotion of the project for modernization of the F Hospital (hereinafter “instant project”) with the content that, from February 2013, Defendant C developed an underground space in front of the main parking lot of F Hospital from February 2013, to build underground streets, funeral halls, and underground parking lots connected with subways, and secure external landscaping spaces, and then donated, Defendant C shall distribute profits through the operation of the funeral hall to F Hospital and A’s organization (hereinafter “instant project”).

(2) Defendant C as the representative of the Plaintiff around May 2013.

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